Medical technology advancements provide society with a plethora of benefits, from better care and treatments to healthier lifestyles. Medical devices and new pharmaceuticals undergo a series of rigorous testing and experimentation, to ensure safety and security for users. While that’s true for most technologies, there are a couple of devices that fly under the radar. Distributing and using defective medical devices can cause patients harm and even further their medical conditions, as well as cause death.
In many cases, it’s the patient’s or the patient’s family members’ responsibility to take legal action against careless medical equipment manufacturers to get just and appropriate compensation. If you or a loved one have been harmed by a defective medical device, this article will teach you four (4) important steps on how to file a complaint and get compensated for defective pharmaceuticals and medical devices.
Step 1: Seek medical care and gather evidence
To put this into perspective, let’s use Nexplanon as an example. Nexplanon has been recently linked to serious side effects in patients using the contraceptive. Complainants alleged that the contraceptive device can cause life-threatening complications in patients, such as blood clots, heart attacks, vascular damage, ectopic pregnancies, and deep vein thrombosis. Reports show that a woman who claimed the Nexplanon device was improperly placed into her arm got compensated with over half a million dollars.
When it comes to medical device lawsuits, your compensation is based largely on the amount of legal and high-quality evidence that you gather. This is why it’s essential that you get someone who specialized specifically in medical suits.
Step 2: Finding the right lawyer
While you can file a medical device lawsuit on your own, it would be smarter to hire a professional, like a medical device lawyer. Choosing a lawyer that specializes in medical devices lawsuits can make a huge difference for your case. They can teach you the ins and outs of a case like yours. They can also guide you through the process of getting compensation for your suffering.
Step 3: Contract signing
After you find a lawyer, what typically happens is that you sign an agreement with them or their firm. This agreement basically ensures that everyone is on the same page about their responsibilities and roles in the case. It’s important to go over these files very carefully, so you’re also fully aware of everyone’s participation. If anyone included in the contract fails to meet their responsibilities, there is usually a fee to settle.
Step 4: Filing your case
Once contracts have been signed and agreements have been made, it’s time to get to work. Filing a medical device lawsuit typically takes a couple of months to a couple of years, depending on the complexity of your case. This is another reason why you should get a medical device lawyer, to help speed up the process and ensure that you get the maximum compensation for the injuries and harm that you’ve sustained.
How to choose a medical device lawyer? The following are characteristics a reliable medical device lawyer should have:
Experience: You want someone who has handled their fair share of medical device lawsuits to handle your case. This ensures that they’re familiar with the exact process of your situation and can help brief you on the steps to take.
Nationwide influence: You want a lawyer or law firm that has handled cases in a variety of states, not just in your hometown. This proves they have the flexibility to adjust to any unexpected turns of events.
Successful track record: Lastly, you want someone who has a clean record of success.